NLRB Takes Hard Line Stance Against Facebook Firing

The NLRB is taking a hard line stance against an employer who fired an employee for a Facebook post about her supervisor. The NLRB filed a complaint against an ambulance company in Connecticut. The employee posted a negative comment about her supervisor, which prompted comments from her co-workers. The NLRB alleges that the company’s policy, which prohibits employees from making disparaging remarks about the company is unlawful.

The basis of the Complaint is that the employee had a legally protected right under the National Labor Relations Act (NLRA) to discuss her working conditions. To fire her for such “concerted activity” is unlawful according to the NLRB.

This complaint could be a landmark case as defines what control a company can have over what employees post on Facebook. There are arguments that if an employee is criticizing a company or supervisor, it is not necessarily protected activity unless the employee is talking with coworkers. Also, comments that are disparaging to a supervisor and are unrelated to work would also not be protected.

Employers are cautioned to review Internet/computer policies and be cautious when disciplining employees for social media posts.